The plaintiff is seeking an injunction against defendants in accordance with Section 205(a) of said act, to enjoin them from any acts and practices which constitute a violation of any provision of Section 4 of said act, which makes it unlawful for any person to sell or deliver any commodity or to buy or receive any commodity in violation of price schedule effective under the provisions of Section 206 of the Act.

Consent decrees have been entered in this case as to defendants M. Glosser & Sons and Staiman Brothers, enjoining them from violating this Act. A default decree has been entered against the defendant F. Hodes Coal & Junk Company, enjoining that company from violating this Act.

The defendant Allegheny-Ludlum Steel Corporation has moved for summary judgment in its favor, under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that the complaint states no cause of action against that company. That motion we are denying in accordance with an opinion filed herewith.

The case, as against the Jones & Laughlin Steel Corporation, was heard on complaint, answer and proofs. From these we find the facts, so far as concerns this corporation, to be briefly these:

Under those circumstances, we cannot find that the Jones & Laughlin Steel Corporation has paid or bound itself to pay the $20 per ton for the off-grade steel scrap contained in these two cars. Its conduct in connection with these two cars of off-grade scrap is fully justified by Section 69 of the Pennsylvania Sales Act of May 19, 1915, P.L. 543, 69 P.S. § 314, which provides:

"First. Where there is a breach of warranty by seller, the buyer may, at his election, --

"(a) accept or keep the goods and set up against the seller the breach of warranty by way of recoupment in diminution or extinction of the price;"

We cannot see that by accepting and using this scrap, the Jones & Laughlin Steel Corporation committed any act that would infringe the price regulation, as long as it did not pay therefor a price higher than that fixed by the Regulation. That it has not done.

Findings of fact and conclusions of law in accordance with this opinion are filed herewith.

The complaint will be dismissed as to the Jones & Laughlin Steel Corporation. A decree may be submitted accordingly on notice to opposing counsel.

Findings of Fact and Conclusions of Law with Respect to the Trial of Above Action as to Defendant Jones & ...

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